A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who operates (ju)D in Jeonsung-gun, together with E, and uses only E and legal entity names and factories, and is engaged in a separate business (catus production).

G running a limited liability company F was invested in KRW 80,000,000 in respect of the screen riding sport equipment business from the victim H, and requested E to manufacture a screen riding sport equipment around January 2014. On March 3, 2014, E manufactured 52 of the screen riding sport equipment (the 42 units are owned by the victim, and the remaining 10 units are owned by G), and supplied all of the proceeds to G, but it did not receive any part of the proceeds, thereby bringing them to the above factory again around May 2014.

around 14:00 on September 28, 2014, on the ground that E does not settle the factory rent, etc. at the above company’s factory, the Defendant: (a) stolen, at will, 15 vehicles for horse riding (4 million won per unit) in a screen of the market price of KRW 60 million at which E kept for the victim.

Summary of Evidence

1. Legal statement of H and E;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Investigation report (on-site confirmation and appendix photographs, and confirmation of non-return of damaged articles);

1. Application of statutes on field photographs;

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

A. The defendant and his defense counsel asserted that the defendant brought the instant horse riding movement equipment to secure the claim against E, and that the defendant did not have the intention of theft or of unlawful acquisition.

B. The Criminal Code refers to the removal of possession by a person other than himself/herself from possession against the will of the possessor, and the removal by his/her own or a third party of possession, and the intention of unlawful acquisition necessary for the establishment of larceny is to exclude the rightful owner and to the same effect as the object owned by the third party.